Generally, Statute of Limitations in toxic tort cases is 2 years

The statute of limitations does not begin to run until there is a manifestation of disease or physical injury. Burns v. Jaquays Min. Corp., 752 P. 2d 28, 31 (Ariz. Ct. App. 1987).

What is Statute of Limitations in Toxic Tort Cases in ALABAMA?

Statute of Limitations in Toxic Tort Cases in ALABAMA is 1 year

Where the personal injury (i) either is latent or by its nature is not discoverable in the exercise of reasonable diligence at the time of its occurrence, and (ii) is the result of ingestion of or exposure to some toxic or harmful or injury-producing substance, element or particle then the product liability action claiming damages for such personal injury must be commenced within one year from the date such personal injury or property damage is or in the exercise of reasonable diligence should have been discovered by the plaintiff or the plaintiff’s decedent, and in such cases each of the elements of the product liability action shall be deemed to accrue at the time the personal injury is or in the exercise of reasonable diligence should have been discovered by the plaintiff or the plaintiff’s decedent. Ala. Code § 6-5-502(b)

What is Statute of Limitations in Toxic Tort Cases in ALASKA?

Statute of Limitations in Toxic Tort Cases in ALASKA is 2 years

Except as otherwise provided by law, a person may not bring an action (1) for libel, slander, assault, battery, seduction, or false imprisonment, (2) for personal injury or death, or injury to the rights of another not arising on contract and not specifically provided otherwise; (3) for taking, detaining, or injuring personal property, including an action for its specific recovery; (4) upon a statute for a forfeiture or penalty to the state; or (5) upon a liability created by statute, other than a penalty or forfeiture; unless the action is commenced within two years of the accrual of the cause of action. Alaska Stat. Ann. § 09.10.070.pThe statute of limitations does not begin to run until the plaintiff’s disease manifest itself in an illness. In such cases,the plaintiff initially does not have any symptoms of injury and therefore has insufficient information to prompt an inquiry into his cause of action. (i.e. plaintiff contracts silicosis or asbestosis from exposure to silicate dust or asbestos fibers). Sopko v. Dowell Schlumberger, Inc., 21 P. 3d 1265, 1271 (Alaska 2001).

What is Statute of Limitations in Toxic Tort Cases in CALIFORNIA?

Statute of Limitations in Toxic Tort Cases in CALIFORNIA is 2 years

In any civil action for injury or illness based upon exposure to a hazardous material or toxic substance, the time for commencement of the action shall be no later than either two years from the date of injury, or two years after the plaintiff becomes aware of, or reasonably should have become aware of, (1) an injury, (2) the physical cause of the injury, and (3) sufficient facts to put a reasonable person on inquiry notice that the injury was caused or contributed to by the wrongful act of another, whichever occurs later. Cal. Civ. Proc. Code § 340.8

What is Statute of Limitations in Toxic Tort Cases in CONNECTICUT?

Statute of Limitations in Toxic Tort Cases in CONNECTICUT is 2 years

No action to recover damages for personal injury or property damage caused by exposure to a hazardous chemical substance or mixture or hazardous pollutant released into the environment shall be brought within two years from the date when the injury or damage complained of is discovered or in the exercise of reasonable care should have been discovered. Conn. Gen. Stat. Ann. §52-577c(b); See alsoCaprio v. Upjohn Co., 148 F. Supp. 2d 168, 172-73 (D. Conn. 2001).

What is Statute of Limitations in Toxic Tort Cases in DELAWARE?

Statute of Limitations in Toxic Tort Cases in DELAWARE is 2 years

No action for the recovery of damages upon a claim for alleged personal injuries shall be brought after the expiration of 2 years from the date upon which it is claimed that such alleged injuries were sustained; subject, however, to the provisions of § 8127 of this title. Del. Code Ann. tit. 10, § 8119pThe statute of limitations period does not begin to run until the plaintiffs were on notice that the injury may be tortiously caused by the defendant’s product. “…the plaintiffs suffered a physical condition that could not be attributed to a tortious injury until someone from the scientific community found and revealed publicly a link between the physical condition and the exposure to the toxic substance.” Brown v. El duPont de Nemours and Co., Inc., 820 A.2d 362, 369 (Del. 2003).

What is Statute of Limitations in Toxic Tort Cases in FLORIDA?

Statute of Limitations in Toxic Tort Cases in FLORIDA is 4 years

Actions other than for recovery of real property shall be commenced as follows:
(3) Within four years.–
(p) Any action not specifically provided for in these statutes. Fla. Stat. Ann. § 95.11

What is Statute of Limitations in Toxic Tort Cases in GEORGIA?

Statute of Limitations in Toxic Tort Cases in GEORGIA is 2 years

Actions for injuries to the person shall be brought within two years after the right of action accrues, except for injuries to the reputation, which shall be brought within one year after the right of action accrues, and except for actions for injuries to the person involving loss of consortium, which shall be brought within four years after the right of action accrues. Ga. Code Ann. § 9-3-33

What is Statute of Limitations in Toxic Tort Cases in HAWAII?

Statute of Limitations in Toxic Tort Cases in HAWAII is 2 years

Haw. Rev. Stat 657-7/strict products liability claim for asbestos-related lung disorder caused by decedent’s exposure to asbestos friction products while working as automotive mechanic accrued on date decedent filed his worker’s compensation claim, as uncontroverted evidence established that decedent knew he suffered from lung disorder caused by occupational exposure to asbestos products on that date. HRS § 657-7. In re Hawaii Federal Asbestos Cases, 854 F.Supp. 702 (D. Hawai’I 1994).

What is Statute of Limitations in Toxic Tort Cases in IDAHO?

Statute of Limitations in Toxic Tort Cases in IDAHO is 2 years

“… within one (1) year following the date of accrual as aforesaid or two (2) years following the occurrence, act or omission complained of…” Idaho Code Ann. § 5-219pLessees’ cause of action alleging that manufacturer of herbicide used on leased farmland by former lessees’ inadequately labeled herbicide, causing damage to lessees’ crops, accrued as of date that wrongful labeling occurred, if at all, which was at time of sale of chemical to former lessees, for purposes of applying two-year products liability statute of limitations.  I.C. §§ 5-219, 6-1401 et seq., 6-1403(3).  Wing v. Martin, 1984, 107 Idaho 267, 688 P.2d 1172

What is Statute of Limitations in Toxic Tort Cases in ILLINOIS?

Statute of Limitations in Toxic Tort Cases in ILLINOIS is 2 years

§ 13-202. Personal injury–Penalty. Actions for damages for an injury to the person, or for false imprisonment, or malicious prosecution, or for a statutory penalty, or for abduction, or for seduction, or for criminal conversation, except damages resulting from first degree murder or the commission of a Class X felony and the perpetrator thereof is convicted of such crime, shall be commenced within 2 years next after the cause of action accrued but such an action against a defendant arising from a crime committed by the defendant in whose name an escrow account was established under the “Criminal Victims’ Escrow Account Act”1 shall be commenced within 2 years after the establishment of such account. If the compelling of a confession or information by imminent bodily harm or threat of imminent bodily harm results in whole or in part in a criminal prosecution of the plaintiff, the 2-year period set out in this Section shall be tolled during the time in which the plaintiff is incarcerated, or until criminal prosecution has been finally adjudicated in favor of the above referred plaintiff, whichever is later. However, this provision relating to the compelling of a confession or information shall not apply to units of local government subject to the Local Governmental and Governmental Employees Tort Immunity Act. 735 ILCS 5/13-202

What is Statute of Limitations in Toxic Tort Cases in INDIANA?

Statute of Limitations in Toxic Tort Cases in INDIANA is 2 years

Except as provided in section 2 of this chapter, a product liability action must be commenced:
(1) within two (2) years after the cause of action accrues; or
(2) within ten (10) years after the delivery of the product to the initial user or consumer.
However, if the cause of action accrues at least eight (8) years but less than ten (10) years after that initial delivery, the action may be commenced at any time within two (2) years after the cause of action accrues. Ind. Code Ann. § 34-20-3-1

What is Statute of Limitations in Toxic Tort Cases in IOWA?

Statute of Limitations in Toxic Tort Cases in IOWA is 2 years

Iowa Code § 614.1(2)pWorker had enough information, more than two years preceding the filing of his lawsuit, which alleged that his liposarcoma was caused by his exposure to toxic chemical “Agent Orange” during employment, to put him on notice that he should investigate, and, thus, action was barred by two-year statute of limitations; worker was aware that there were health concerns about “Agent Orange,” and had asked his doctor if there might be connection between it and his cancer. Estate of Montag v. T.H. Agriculture & Nutrition Co., Inc., 509 N.W 2d 469 (Iowa 1993).

What is Statute of Limitations in Toxic Tort Cases in KANSAS?

Statute of Limitations in Toxic Tort Cases in KANSAS is 2 years

The following actions shall be brought within two years:
(4) An action for injury to the rights of another, not arising on contract, and not herein enumerated. Kan. Stat. Ann. § 60-513pTort cause of action for injuries sustained by family as result of long-term exposure to carbon monoxide from house heating system did not accrue until family suffered substantial ascertainable injury, which could not have occurred before family moved into residence in 1981, even though all work on heating system was completed in 1977, and ten-year limitation on extension of two-year limitation when injury is not immediately ascertainable accordingly did not bar prosecution of action filed in 1987. Gilger v. Lee Const., Inc., 249 Kan. 307 (1991).

What is Statute of Limitations in Toxic Tort Cases in KENTUCKY?

Statute of Limitations in Toxic Tort Cases in KENTUCKY is 10 years

An action for relief, not provided for by statute, can only be commenced within ten (10) years after the cause of action accrued. Ky. Rev. Stat. Ann. § 413.160

What is Statute of Limitations in Toxic Tort Cases in LOUISIANA?

Statute of Limitations in Toxic Tort Cases in LOUISIANA is 1 year

Delictual actions are subject to a liberative prescription of one year. This prescription commences to run from the day injury or damage is sustained. It does not run against minors or interdicts in actions involving permanent disability and brought pursuant to the Louisiana Products Liability Act or state law governing product liability actions in effect at the time of the injury or damage. La. Civ. Code Ann. art. 3492pOne-year prescriptive period for toxic tort class members, whose symptoms of mold exposure alleviated after they stopped working in state offices for at least one year before the filing of toxic tort action against the state, did not begin to run at the time class members stopped working in building, even though they had witnessed unsanitary conditions and mold infested walls; class members relied on the state’s assurances that the building was safe, and thus, neither knew nor reasonably could have known that mold in the building caused or escalated their symptoms, and they filed their action within one year of their actual knowledge of the cause of their symptoms and diseases.  Watters v. Department of Social Services, App. 4 Cir.2012, 102 So.3d 118, 2011-1174 (La.App. 4 Cir. 3/14/12).

What is Statute of Limitations in Toxic Tort Cases in MAINE?

Statute of Limitations in Toxic Tort Cases in MAINE is 6 years

All civil actions shall be commenced within 6 years after the cause of action accrues and not afterwards, except actions on a judgment or decree of any court of record of the United States, or of any state, or of a justice of the peace in this State, and except as otherwise specially provided. Me. Rev. Stat. tit. 14, § 752pThe general test for determining when a cause of action accrues is when a plaintiff receives a judicially recognizable injury. The Maine Supreme Court ahs limited the application of the discovery rule to three discrete areas: legal malpractice, foreign object and negligent diagnosis medical malpractice, and asbestosis. Johnston v. Dow & Colombe, Inc., 686 A.2d. 1064, 1066 (Me. 1996) (citing Bozzuto v. Ouellette, 408 A.3d 697, 699 (Me. 1979)).

What is Statute of Limitations in Toxic Tort Cases in MARYLAND?

Statute of Limitations in Toxic Tort Cases in MARYLAND is 3 years

A civil action at law shall be filed within three years from the date it accrues unless another provision of the Code provides a different period of time within which an action shall be commenced. Md. Code Ann., Cts. & Jud. Proc. § 5-101pDecedent’s express knowledge of his exposure to asbestos products, coupled with his express knowledge of his diagnosis of mesothelioma, was sufficient to put him on inquiry notice during his lifetime of cause of injury, as element of discovery rule for commencing limitations period for beneficiaries’ survival action against manufacturers of asbestos-containing products, relating to occupational disease. Georgia-Pacific Corp. v Benjamin 394 Md. 59 (2006)

What is Statute of Limitations in Toxic Tort Cases in MASSACHUSETTS?

Statute of Limitations in Toxic Tort Cases in MASSACHUSETTS is 3 years

Except as otherwise provided, actions of tort, actions of contract to recover for personal injuries, and actions of replevin, shall be commenced only within three years next after the cause of action accrues. Mass. Gen. Laws Ann. ch. 260, § 2ApIn the context of toxic torts, where the harm may not have been manifested by the onset of disease, notice of harm and cause in many cases may not occur until the plaintiff is so advised by a physician. Donovan v. Philip Morris USA, Inc., 455 Mass. 215, 228, 914 N.E.2d 891, 903 (2009)

What is Statute of Limitations in Toxic Tort Cases in MICHIGAN?

Statute of Limitations in Toxic Tort Cases in MICHIGAN is 3 years

Sec. 5805. (1) A person shall not bring or maintain an action to recover damages for injuries to persons or property unless, after the claim first accrued to the plaintiff or to someone through whom the plaintiff claims, the action is commenced within the periods of time prescribed by this section.
(10) Except as otherwise provided in this section, the period of limitations is 3 years after the time of the death or injury for all actions to recover damages for the death of a person, or for injury to a person or property. Mich. Comp. Laws Ann. § 600.5805pWe also note that there would be no statute of limitations problems for such a plaintiff. Under the so-called “discovery rule,” a cause of action “accrues” in the toxic tort context when an injured party knows or should have known of the manifestation of the injury. See, e.g. Larson, supra at 314, 399 N.W.2d 1. Provided that the injured person brings an action within three years of the date he knows or should have known of a dioxin-related injury, the statute of limitations would be satisfied. See MCL 600.5805(10). Henry v. Dow Chem. Co., 473 Mich. 63, 99, 701 N.W.2d 684, 702 (2005)

What is Statute of Limitations in Toxic Tort Cases in MINNESOTA?

Statute of Limitations in Toxic Tort Cases in MINNESOTA is 6 years

for assault, battery, false imprisonment, or other tort resulting in personal injury, if the conduct that gives rise to the cause of action also constitutes domestic abuse as defined in section 518B.01. Minn. Stat. Ann. § 541.05

What is Statute of Limitations in Toxic Tort Cases in MISSISSIPPI?

Statute of Limitations in Toxic Tort Cases in MISSISSIPPI is 3 years

(1) All actions for which no other period of limitation is prescribed shall be commenced within three (3) years next after the cause of such action accrued, and not after.
(2) In actions for which no other period of limitation is prescribed and which involve latent injury or disease, the cause of action does not accrue until the plaintiff has discovered, or by reasonable diligence should have discovered, the injury. Miss. Code. Ann. § 15-1-49pOwner of property near wood-treatment facility brought action against various companies alleging she was injured by exposure to harmful levels of toxic chemicals released from railroad tank cars and trucks and from the wood-treatment facility. Owner’s cause of action accrued upon discovery of her injury, not discovery of the cause of her injury.
Section 15–1–49 provides, in relevant part, that:
(1) All actions for which no other period of limitation is prescribed shall be commenced within three (3) years next after the cause of action accrued, and not after.
(2) In actions for which no other period of limitation is prescribed and which involve latent injury or disease, the cause of action does not accrue until the plaintiff has discovered, or by reasonable diligence should have discovered, the injury. Angle v. Koppers, Inc., 42 So. 3d 1, 5 (Miss. 2010)

What is Statute of Limitations in Toxic Tort Cases in MONTANA?

Statute of Limitations in Toxic Tort Cases in MONTANA is 3 years

(1) Except as provided in 27-2-216 and 27-2-217, the period prescribed for the commencement of an action upon a liability not founded upon an instrument in writing is within 3 years.
(2) The period prescribed for the commencement of an action to recover damages for the death of one caused by the wrongful act or neglect of another is within 3 years, except when the wrongful death is the result of a homicide, in which case the period is within 10 years. Mont. Code Ann. § 27-2-204pIn recognizing that when an injury is self-concealing, the statute of limitations is tolled until a plaintiff discovers her injury, or until she should have discovered her injury with the use of due diligence
Nelson v. Nelson, 2002 MT 151, 310 Mont. 329, 334, 50 P.3d 139, 143

What is Statute of Limitations in Toxic Tort Cases in NEBRASKA?

Statute of Limitations in Toxic Tort Cases in NEBRASKA is 4 years

The following actions can only be brought within four years: (1) An action for trespass upon real property; (2) an action for taking, detaining or injuring personal property, including actions for the specific recovery of personal property; (3) an action for an injury to the rights of the plaintiff, not arising on contract, and not hereinafter enumerated; and (4) an action for relief on the ground of fraud, but the cause of action in such case shall not be deemed to have accrued until the discovery of the fraud, except as provided in sections 30-2206 and 76-288 to 76-298.
Neb. Rev. Stat. § 25-207

What is Statute of Limitations in Toxic Tort Cases in NEVADA?

Statute of Limitations in Toxic Tort Cases in NEVADA is 2 years

Within 2 years:
(e) Except as otherwise provided in NRS 11.215, an action to recover damages for injuries to a person or for the death of a person caused by the wrongful act or neglect of another. The provisions of this paragraph relating to an action to recover damages for injuries to a person apply only to causes of action which accrue after March 20, 1951. Nev. Rev. Stat. Ann. § 11.190

What is Statute of Limitations in Toxic Tort Cases in NEW HAMPSHIRE?

Statute of Limitations in Toxic Tort Cases in NEW HAMPSHIRE is 3 years

Except as otherwise provided by law, all personal actions, except actions for slander or libel, may be brought only within 3 years of the act or omission complained of, except that when the injury and its causal relationship to the act or omission were not discovered and could not reasonably have been discovered at the time of the act or omission, the action shall be commenced within 3 years of the time the plaintiff discovers, or in the exercise of reasonable diligence should have discovered, the injury and its causal relationship to the act or omission complained of.
N.H. Rev. Stat. Ann. § 508:4

What is Statute of Limitations in Toxic Tort Cases in NEW JERSEY?

Statute of Limitations in Toxic Tort Cases in NEW JERSEY is 2 years

Every action at law for an injury to the person caused by the wrongful act, neglect or default of any person within this State shall be commenced within 2 years next after the cause of any such action shall have accrued; except that an action by or on behalf of a minor that has accrued for medical malpractice for injuries sustained at birth shall be commenced prior to the minor’s 13th birthday. N.J. Stat. Ann. § 2A:14-2 p[B]efore a toxic-tort-case plaintiff may be deemed, in a “discovery rule” context, to have the requisite state of knowledge that would trigger the running of the statute of limitations[,] his impression of the nature of the injury and of its cause must have some reasonable medical support [, therefore,] we are convinced that defendants were not entitled to summary judgment. We hasten to ap that we do not insist on medical confirmation as such: a physician’s willingness to include chemical poisoning in the differential diagnosis would probably suffice, as would any other reasonably reliable source of information. Lapka v. Porter Hayden Co., 162 N.J. 545, 564-65, 745 A.2d 525, 535-36 (2000); See also Vispisiano v. Ashland Chemical Co., 107 N.J. 416, 527 A.2d 66 (1987)

What is Statute of Limitations in Toxic Tort Cases in NEW MEXICO?

Statute of Limitations in Toxic Tort Cases in NEW MEXICO is 3 years

Actions must be brought against sureties on official bonds and on bonds of guardians, conservators, personal representatives and persons acting in a fiduciary capacity, within two years after the liability of the principal or the person from whom they are sureties is finally established or determined by a judgment or decree of the court, and for an injury to the person or reputation of any person, within three years. N.M. Stat. Ann. § 37-1-8

What is Statute of Limitations in Toxic Tort Cases in NEW YORK?

Statute of Limitations in Toxic Tort Cases in NEW YORK is 1 year

Notwithstanding the provisions of subdivisions two and three of this section, where the discovery of the cause of the injury is alleged to have occurred less than five years after discovery of the injury or when with reasonable diligence such injury should have been discovered, whichever is earlier, an action may be commenced or a claim filed within one year of such discovery of the cause of the injury; provided, however, if any such action is commenced or claim filed after the period in which it would otherwise have been authorized pursuant to subdivision two or three of this section the plaintiff or claimant shall be required to allege and prove that technical, scientific or medical knowledge and information sufficient to ascertain the cause of his injury had not been discovered, identified or determined prior to the expiration of the period within which the action or claim would have been authorized and that he has otherwise satisfied the requirements of subdivisions two and three of this section. N.Y. C.P.L.R. 214-c

What is Statute of Limitations in Toxic Tort Cases in NORTH CAROLINA?

Statute of Limitations in Toxic Tort Cases in NORTH CAROLINA is 3 years

Within three years an action–
(5) For criminal conversation, or for any other injury to the person or rights of another, not arising on contract and not hereafter enumerated. N.C. Gen. Stat. Ann. § 1-52

What is Statute of Limitations in Toxic Tort Cases in NORTH DAKOTA?

Statute of Limitations in Toxic Tort Cases in NORTH DAKOTA is 5 years

The following actions must be commenced within six years after the claim for relief has accrued:
5. An action for criminal conversation or for any other injury to the person or rights of another not arising upon contract, when not otherwise expressly provided. N.D. Cent. Code Ann. § 28-01-16

What is Statute of Limitations in Toxic Tort Cases in OHIO?

Statute of Limitations in Toxic Tort Cases in OHIO is 2 years

Except as provided in division (C) or (E) of this section, an action based on a product liability claim and an action for bodily injury or injuring personal property shall be brought within two years after the cause of action accrues. Except as provided in divisions (B)(1), (2), (3), (4), and (5) of this section, a cause of action accrues under this division when the injury or loss to person or property occurs.
Ohio Rev. Code Ann. § 2305.10pWhen an injury does not manifest itself immediately, the cause of action arises upon the date on which the plaintiff is informed by competent medical authority that he has been injured, or upon the date on which, by the exercise of reasonable diligence, he should have become aware that he had been injured, whichever date occurs first. **asbestos case O’Stricker v. Jim Walker Corp., 447 N.E. 2d 727, 732 (OH 1983).

What is Statute of Limitations in Toxic Tort Cases in OKLAHOMA?

Statute of Limitations in Toxic Tort Cases in OKLAHOMA is 2 years

Within two (2) years: An action for trespass upon real property; an action for taking, detaining, or injuring personal property, including actions for the specific recovery of personal property; an action for injury to the rights of another, not arising on contract, and not hereinafter enumerated; an action for relief on the ground of fraud — the cause of action in such case shall not be deemed to have accrued until the discovery of the fraud; Okla. Stat. Ann. tit. 12, § 95

What is Statute of Limitations in Toxic Tort Cases in OREGON?

Statute of Limitations in Toxic Tort Cases in OREGON is 2 years

An action for assault, battery, false imprisonment, or for any injury to the person or rights of another, not arising on contract, and not especially enumerated in this chapter, shall be commenced within two years; provided, that in an action at law based upon fraud or deceit, the limitation shall be deemed to commence only from the discovery of the fraud or deceit. Or. Rev. Stat. Ann. § 12.110

What is Statute of Limitations in Toxic Tort Cases in PENNSYLVANIA?

Statute of Limitations in Toxic Tort Cases in PENNSYLVANIA is 2 years

Any other action or proceeding to recover damages for injury to person or property which is founded on negligent, intentional, or otherwise tortious conduct or any other action or proceeding sounding in trespass, including deceit or fraud, except an action or proceeding subject to another limitation specified in this subchapter. 42 Pa. Cons. Stat. Ann. § 5524 pThe discovery rule acts as an exception to this principle, and provides that where the complaining party is reasonably unaware that his or her injury has been caused by another party’s conduct, the discovery rule suspends, or tolls, the running of the statute of limitations. Gleason v. Borough of Moosic, 15 A.3d 479, 484 (Penn. 2011) (involving discovery of toxic mold). BUT ennsylvania’s formulation of the discovery rule reflects a narrow approach “to determining accrual for limitations purposes” and places a greater burden upon Pennsylvania plaintiffs vis-á-vis the discovery rule than most other jurisdictions. Wilson v. El–Daief, supra at 364. The commencement of the limitations period is grounded on “inquiry notice” that is tied to “actual or constructive knowledge of at least some form of significant harm and of a factual cause linked to another’s conduct, without the necessity of notice of the full extent of the injury, the fact of actual negligence, or precise cause.”

What is Statute of Limitations in Toxic Tort Cases in PUERTO RICO?

Statute of Limitations in Toxic Tort Cases in PUERTO RICO is 1 year

The following prescribe in one (1) year:
(1) Actions to recover or retain possession.
(2) Actions to demand civil liability for grave insults or calumny, and for obligations arising from the fault or negligence mentioned in § 5141 of this title, from the time the aggrieved person had knowledge thereof. 31 L.P.R.A. § 5298

What is Statute of Limitations in Toxic Tort Cases in RHODE ISLAND?

Statute of Limitations in Toxic Tort Cases in RHODE ISLAND is 3 years

Actions for injuries to the person shall be commenced and sued within three (3) years next after the cause of action shall accrue, and not after, except as provided for otherwise in subsection (c) herein.
(c) As to an action for personal injuries wherein an injured party is entitled to proceed against an insurer pursuant to § 27-7-2, where an action is otherwise properly filed against an insured within the time limitations provided for by this section, and process against the insured tortfeasor has been returned “non est inventus” and filed with the court, then the statutory limitation for filing an action under § 27-7-2 directly against an insurer shall be extended an apitional one hundred twenty (120) days after the expiration of the time limitation provided for in subsection (b) herein. R.I. Gen. Laws Ann. § 9-1-14

What is Statute of Limitations in Toxic Tort Cases in SOUTH CAROLINA?

Statute of Limitations in Toxic Tort Cases in SOUTH CAROLINA is 3 years

Within three years:
(5) an action for assault, battery, or any injury to the person or rights of another, not arising on contract and not enumerated by law, and those provided for in Section 15-3-545; S.C. Code Ann. § 15-3-530pA key element in the reasonable diligence test is notice. The fact that the injured party may not comprehend the full extent of the damage is immaterial. Grillo v. Speedrite Prods., Inc. 532 S.E.2d 1 (S.C. 2000) (reversing trial court’s grant of summary judgment for defendants). Applying the discovery rule in this context, the determination to be made is when temporary symptoms become an “injury” from which the surrounding facts and circumstances should put a person on notice that a cause of action exists. Id. at 504-05

What is Statute of Limitations in Toxic Tort Cases in SOUTH DAKOTA?

Statute of Limitations in Toxic Tort Cases in SOUTH DAKOTA is 3 years

Except where, in special cases, a different limitation is prescribed by statute, the following civil actions other than for the recovery of real property can be commenced only within three years after the cause of action shall have accrued:
(3) An action for personal injury. S.D. Codified Laws § 15-2-14

What is Statute of Limitations in Toxic Tort Cases in TENNESSEE?

Statute of Limitations in Toxic Tort Cases in TENNESSEE is 1 year

The following actions shall be commenced within one (1) year after the cause of action accrued:
(1) Actions for libel, for injuries to the person, false imprisonment, malicious prosecution, breach of marriage promise; Tenn. Code Ann. § 28-3-104

What is Statute of Limitations in Toxic Tort Cases in TEXAS?

Statute of Limitations in Toxic Tort Cases in TEXAS is 2 years

Except as provided by Sections 16.010, 16.0031, and 16.0045, a person must bring suit for trespass for injury to the estate or to the property of another, conversion of personal property, taking or detaining the personal property of another, personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues.
Tex. Civ. Prac. & Rem. Code Ann. § 16.003.

What is Statute of Limitations in Toxic Tort Cases in the U.S. VIRGIN ISLANDS?

Statute of Limitations in Toxic Tort Cases in the U.S. VIRGIN ISLANDS is 2 years

Two years-
(A) An action for libel, slander, assault, battery, seduction, false imprisonment, or for any injury to the person or rights of another not arising on contract and not herein especially enumerated, or to set aside a sale of real property for non-payment of real property taxes pursuant to Title 33, chapter 89, subchapter III of this Code. 5 V.I.C. § 31

What is Statute of Limitations in Toxic Tort Cases in UTAH?

Statute of Limitations in Toxic Tort Cases in UTAH is 4 years

An action may be brought within four years:
(1) after the last charge is made or the last payment is received:
(a) upon a contract, obligation, or liability not founded upon an instrument in writing;
(b) on an open store account for any goods, wares, or merchandise; or
(c) on an open account for work, labor or services rendered, or materials furnished; Utah Code Ann. § 78B-2-307

What is Statute of Limitations in Toxic Tort Cases in VERMONT?

Statute of Limitations in Toxic Tort Cases in VERMONT is 3 years

Actions for the following causes shall be commenced within three years after the cause of action accrues, and not after:
(4) Except as otherwise provided in this chapter, injuries to the person suffered by the act or default of another person, provided that the cause of action shall be deemed to accrue as of the date of the discovery of the injury; Vt. Stat. Ann. tit. 12, § 512

What is Statute of Limitations in Toxic Tort Cases in VIRGINIA?

Statute of Limitations in Toxic Tort Cases in VIRGINIA is 2 years

Unless otherwise provided in this section or by other statute, every action for personal injuries, whatever the theory of recovery, and every action for damages resulting from fraud, shall be brought within two years after the cause of action accrues. Va. Code Ann. § 8.01-243

What is Statute of Limitations in Toxic Tort Cases in WASHINGTON?

Statute of Limitations in Toxic Tort Cases in WASHINGTON is 2 years

An action for relief not hereinbefore provided for, shall be commenced within two years after the cause of action shall have accrued. Wash. Rev. Code Ann. § 4.16.130

What is Statute of Limitations in Toxic Tort Cases in WEST VIRGINIA?

Statute of Limitations in Toxic Tort Cases in WEST VIRGINIA is 2 years

Every personal action for which no limitation is otherwise prescribed shall be brought: (a) Within two years next after the right to bring the same shall have accrued, if it be for damage to property; (b) within two years next after the right to bring the same shall have accrued if it be for damages for personal injuries; and (c) within one year next after the right to bring the same shall have accrued if it be for any other matter of such nature that, in case a party die, it could not have been brought at common law by or against his personal representative. W. Va. Code Ann. § 55-2-12p[w]here a cause of action is based on tort or on a claim of fraud, the statute of limitations does not begin to run until the injured person knows, or by the exercise of reasonable diligence should know, of the nature of his injury, and determining that point in time is a question of fact to be answered by the jury. Perrine v. E.I. du Pont de Nemours & Co., 225 W. Va. 482, 519, 694 S.E.2d 815, 852 (2010)

What is Statute of Limitations in Toxic Tort Cases in WISCONSIN?

Statute of Limitations in Toxic Tort Cases in WISCONSIN is 3 years

The following actions shall be commenced within 3 years or be barred:
(1) An action to recover damages for injuries to the person.
(2) An action brought to recover damages for death caused by the wrongful act, neglect or default of another. Wis. Stat. Ann. § 893.54

What is Statute of Limitations in Toxic Tort Cases in WYOMING?

Within four (4) years, an action for:
(C) An injury to the rights of the plaintiff, not arising on contract and not herein enumerated; Wyo. Stat. Ann. § 1-3-105